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FIRST NAT. BANK v. BROWER

42 N.Y.2d 471 (1977)

In the Matter of First National Bank of East Islip, Appellant, v. Mahlon Brower, as Clerk of the First District Court of the County of Nassau, Respondent.

Court of Appeals of the State of New York.

Decided October 11, 1977.

Attorney(s) appearing for the Case

Maitland M. Axelrod for appellant.

William Gitelman, County Attorney (William S. Narden, Natale C. Tedone and Matthew A. Tedone of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

We uphold the validity of a court-promulgated directive that allowance of attorneys' fees on the entry of default judgments shall be determined on a quantum meruit basis rather than by mechanical application of a blanket formula contained in the agreement between the creditor and the debtor.

On November 19, 1975 at the direction of the Administrative...

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